High Court permits rescission of sub-trust appointments saving IHT for EBTs caught by income tax avoidance rules (JTC Employer Solutions Trustee v Garnett)
Tax analysis: In JTC Employer Solutions Trustee v Garnett and others, the High Court permitted rescission in relation to Employee Benefit Trust (EBT) appointments to sub-trusts, with the result that inheritance tax (IHT) in the region of £7m was avoided. The Court decided that the mistake in creating sub-trusts was sufficiently grave to render it unconscionable to leave the mistaken dispositions uncorrected.